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(영문) 서울동부지방법원 2015.05.28 2015고단340

상표법위반

Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B is Defendant A’s Chok.

Defendant

B From September 21, 2009, while operating a store in the name of "E" in Yongsan-gu Seoul Metropolitan Government from around September 21, 2009, from January 2013, it paid monthly salary of KRW 2.5 million to Defendant A and had Defendant A operate the store, and managed the profit as Defendant B's name SCB bank account and Defendant B's subsidiary bank account.

1. Defendants in violation of the Trademark Act due to the storage of counterfeit products, together with the Defendants from January 2013, who sold bags, etc. with a false trademark attached to the above store from around July 14, 2014, around 16:30, the Defendants kept 10 goods (a total of 2,760,000 won at the market price of sale) with a trademark of the same shape as the trademark of the trademark right holder “HERES” (No. 06717 of the trademark registration number), for the purpose of sale in the above store at around July 14, 2014.

As a result, Defendants conspired to commit an infringement of trademark rights.

2. Defendants in violation of the Trademark Act due to the sale of counterfeit products sell counterfeit goods at the market from January 2013 to around August 29, 2014 by receiving orders for counterfeit goods from the general public by telephone, and then delivering counterfeit goods by door-to-door distribution. Defendant B received remittance of KRW 7,987,225 over 11 times from February 18, 2013 to July 21, 2014 through the SCF account in the name of Defendant B, and received remittance of KRW 45,920,000 over 65 times from February 20, 2013 to August 29, 2014 through Defendant B’s corporate bank H account in the name of Defendant B.

As a result, Defendants conspired to commit an infringement of trademark rights.

Summary of Evidence

1. Defendants’ partial statement

1. Each prosecutor's interrogation protocol against the Defendants

1. A written confirmation of Defendant A’s crackdown;

1. A criminal investigation report (the report on the calculation of the suspect's price and the sale price).

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